A7575A & S4685AAMEND THE DEFINITION OF SERIOUS OFFENSE

Summary:

These bills would add violations and misdemeanors where Family Court shares jurisdiction to the list of “Serious Offenses” defined in PL § 265.00(17). This would preclude anyone convicted of one of these offenses from possessing a firearm, rifle, or shotgun. The started purpose of the proposed legislation is to prevent domestic violence incidents from escalating.

Position

It is not clear that there is really a need for this legislation. Any judge of a court of record can revoke a pistol license and compel the holder to surrender their handguns. Under CPL § 530.14 and FCA § 842a the court has broad authority to compel the surrender of all firearms upon violation of an order of protection or conviction on a violent offense.
This is not “heat of the moment” legislation. The provisions of this proposal would only become effective after conviction on the offense. There is certainly time to permit action under the CPL and FCA sections above.
The offenses listed in FCA § 812 are for the most part violations and B misdemeanors. These are offenses that would not normally preclude an individual from possessing a rifle or shotgun and would not automatically exclude them from obtaining a pistol license. The Assembly bill would mandate a lifetime ban for minor non-violent offenses while the Senate version allows the respondent to petition to vacate the “serious offense” designation three years after the disposition of the Family Court case.
The definition of “serious offense” was meant to include just that – misdemeanor weapons offenses, Class A Misdemeanors likely to have been bargained down from felonies, or offenses indicating a propensity for future escalation. It was certainly not intended to include violations meriting only an appearance ticket.RECOMMENDATION
This legislation is not really needed and could be extremely punitive It should not be enacted.

NEWS!

The Shooter’s Committee on Political Education was founded in 1965 by a group of firearms owners in western New York. SCOPE is a civil rights organization focused on the protection and preservation of the right of firearms ownership as guaranteed by the Second Amendment to the Constitution of the United States.

It does not align itself with any political party nor does it endorse any candidates for elective office. Our function is to counter assaults on the right of firearms ownership. This entails providing legislators and executives with timely and accurate information to support sound decisions.

SCOPE’s purpose is to maintain the right of individuals to own and use firearms for lawful purposes. Inform members about antigun/gun owner legislation.
Stop antigun/gun owner legislation in New York State. Educate the public on the positive aspects of firearm ownership, and their Second Amendment rights.

SCOPE is a New York State Not For Profit Volunteer Organization dedicated to the preservation of the Second Amendment Rights for New York Citizens.

SCOPE will oppose, with all its resources, any proposal that is not based on sound technical grounds or that infringes on the rights of firearms owners for the purpose of promoting a political philosophy, advancing a social theory, or as an emotional response and is not based on clear Constitutional grounds.